Title IX of the Education Amendments of 1972

Title IX/Sexual Misconduct Policies

Georgia State University follows the Sexual Misconduct Policy of The Board of Regents of the University System of Georgia.  The university’s Student Code of Conduct incorporates the Sexual Misconduct Policy at Section II.C.

Related Policies and Procedures

• Board of Regents of the University System of Georgia Policy 4.6.5, Standards for Institutional Student Conduct Investigation and Disciplinary Proceedings
• Board of Regents of the University System of Georgia Human Resources Administrative Manual Employee Relations: Prohibit Discrimination and Harassment
• Title IX/Sexual Misconduct Employee Respondent -- Procedures for Panel Hearing, Disciplinary Action, and Appeal
• Title IX/Sexual Misconduct Employee Respondent – Rights of the Parties
• Title IX/Sexual Misconduct Student Respondent – Rights of the Parties

Rights of the Parties: Student-On-Student Title IX/Sexual Misconduct Cases

Georgia State University (“GSU,” the “Institution,” or the “University”) is conducting an administrative, not a criminal or civil law, investigation into possible sexual misconduct or retaliation pursuant to GSU’s Student Code of Conduct. The University is neither advocating for nor representing any party (known individually as “Complainant(s)” and “Respondent(s)”) in this process and cannot provide legal advice to any party or witness. The following provides information regarding the process and the rights of the parties.

I. Interim Measures
Interim measures may be implemented at any point after the institution becomes aware of an allegation of sexual misconduct and should be designed to protect any student or other individual in the GSU community. Such measures are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual misconduct and retaliation. Interim measures must be provided consistent with the provisions in applicable Board and institutional policies and procedures. Interim measures may include, but are not limited to, change of housing assignment, issuance of a mutual “no contact” directive, restrictions or bars to entering certain university property, changes to academic or employment arrangement, schedules, or supervision; interim suspension, and other measures.

Interim Suspension
An interim suspension only occurs when necessary to maintain safety and is limited to situations when the Respondent poses a serious and immediate danger or threat to persons or property. In making such an assessment, the institution should consider the existence of a significant risk to the health or safety of the Complainant or the campus community; the nature, duration, and severity of the risk; the probability of potential injury; and whether less restrictive means can be used to significantly mitigate the risk. Before an interim suspension is issued, the institution must make reasonable efforts to give the Respondent the opportunity to be heard on whether their presence on campus poses an immediate danger or threat. If an interim suspension is issued, the terms of the interim suspension take effect immediately. The Respondent shall receive notice of the interim suspension and the opportunity to respond to the interim suspension. Within three business days of receiving the challenge the institution will determine whether the interim suspension should continue.

II. Access to Advisors
Both the Complainant and the Respondent, as parties to the matter, shall have the opportunity to use an Advisor (who may or may not be an attorney) of the party’s choosing at the party’s own expense. The Advisor may accompany the party to all meetings and may provide advice and counsel to their respective party throughout the sexual misconduct process but may not actively participate in the process except as provided below for Title IX Complaints. All communication during the sexual misconduct process will be between the institution and the party and not the Advisor. With the party’s permission, the Advisor may be copied on all communications.

For Title IX Complaints
In addition to the foregoing, the party’s Advisor shall conduct cross-examination at the hearing as outlined in the Resolution/Hearing section below. If a party chooses not to use an Advisor during the investigation, the institution will provide an Advisor for the purpose of conducting cross-examination on behalf of the relevant party. The institution will copy the party’s Advisor prior to the finalization of the investigation report when the institution provides the parties the right to inspect and review directly related information gathered during the investigation.

III. Informal Resolution
If the Respondent admits responsibility, the process may be informally resolved, if appropriate. This requires the agreement of both parties and the University. Please contact the investigator assigned to your matter or the Title IX Coordinator at [email protected] with questions about the availability of informal resolution.

IV. Investigation
Throughout any investigation and resolution proceeding, a party shall receive written notice of the alleged sexual misconduct, shall be provided an opportunity to respond, and shall be allowed the right to remain silent or otherwise not participate in or during the investigation and resolution process without an adverse inference resulting.

If a party chooses to remain silent or otherwise not participate in the investigation or resolution process, the investigation and resolution process may still proceed, and policy violations may still result. A party’s choice to remain silent or otherwise not participate will be considered a general denial.
Until a final determination of responsibility, the Respondent is presumed to have not violated the Sexual Misconduct Policy. Prior to the finalization of the investigation report, timely and equal access to information directly related to the allegations that has been gathered during the investigation and may be used at the hearing will be provided to the Complaint, the Respondent, and a party’s Advisor (where applicable). Formal civil rules of evidence do not apply to the investigation process. The standard of review throughout the sexual misconduct process is preponderance of the evidence.

1. The parties shall be provided with written notice of the: report/allegations with sufficient details, pending investigation, possible charges, possible sanctions, available support services and interim measures, and other rights under applicable institutional policies. For the purposes of this provision, sufficient details include:
• the identities of the parties involved, if known;
• the conduct allegedly constituting sexual misconduct; and
• the date and location of the alleged incident, if known.
2. This information will be supplemented as dictated by evidence collected during the investigation. The notice should also include the identity of any investigator(s) involved. Notice should be provided via institution email to the party’s institution email. Upon receipt of the written notice, the parties shall have at least three business days to respond in writing. In that response, the Respondent shall have the right to admit or deny the allegations, and to set forth a defense with facts, Witnesses, and supporting materials. A Complainant shall have the right to respond to and supplement the notice. Throughout the sexual misconduct process the Complainant and the Respondent shall have the right to present Witnesses and other inculpatory and exculpatory evidence.
3. If the Respondent admits responsibility, the process may proceed to the sanctioning phase or may be informally resolved, if appropriate.
4. An investigator shall conduct a thorough investigation and should retain written notes and/or obtain written or recorded statements from each interview. The investigator shall also keep a record of any party’s proffered Witnesses not interviewed, along with a brief, written explanation of why the witnesses were not interviewed.
5. An investigator shall not access, consider, disclose, or otherwise use a party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional made in connection with the party’s treatment unless the party has provided voluntary written consent. This also applies to information protected by recognized legal privilege.
6. The initial investigation report shall be provided to the Complainant, the Respondent, and a party’s advisor (if applicable). This report should fairly summarize the relevant evidence gathered during the investigation and clearly indicate any resulting charges or alternatively, a determination of no charges. For purposes of this Policy, a charge is not a finding of responsibility.
7. The Complainant and the Respondent shall have at least 10 calendar days to review and respond in writing to the initial investigation report and directly related information gathered during the investigation. The investigator will review the Complainant’s and the Respondent’s written responses, if any, to determine whether further investigation or changes to the investigation report are necessary.
8. The final investigation report should be provided to the Complainant, the Respondent, and a party’s Advisor, if applicable, at least 10 calendar days prior to the Hearing. The final investigation report should also be provided to all Hearing Panel members for consideration during the adjudication process.

V. Presumption of Non-Responsibility
The Respondent is not considered to have violated any applicable policy or policies unless and until the allegations are investigated and a finder of fact determines that a violation has occurred.

VI. Potential Sanctions
As outlined in Section II.D.5. of the Student Code of Conduct, those who are found to have engaged in behavior that violates the Code of Conduct shall be subject to the following types of disciplinary action, as appropriate:

Types of Sanctions:
a. Written Reprimand - A written statement that the Student has violated regulations and is a notice that continuation or repetition of Code violations may result in more severe action.
b. Educational Sanctions - Sanctions assigned by the Dean of Students such as alcohol awareness programs, risk management programs, community service, educational workshop, essays or research papers.
c. Disciplinary Probation - Removal of the student from good disciplinary standing. Additional restrictions may also be imposed. Probation will last for a stated period of time and until specific conditions, if imposed, have been met. Any violation of these rules, the conditions of probation or other university rules committed during the probationary period will subject the Student to further discipline, including suspension or expulsion.
d. Restriction – Restricted from accessing a specific campus location or using a specific student service for a defined period of time.
e. Suspension – Temporarily banned from attending classes and other student privileges for a defined period of time. Course credit earned at other institutions while on suspension cannot be transferred to Georgia State University. Students who are placed on suspension (including interim suspension from the university) will be administratively withdrawn from their courses and assigned grades of W or WF (depending on whether they have exceeded their maximum number of withdrawals allowed).
f. Expulsion - Termination of Student status in the University Community. This means that a Student is permanently banned from all classes, services, events, and property owned or controlled by Georgia State University. Students who are expelled will be administratively withdrawn from their courses and assigned grades of W or WF (depending on whether they have exceeded their maximum number of withdrawals allowed)
g. Transcript Annotation - Temporary for a period of five years or permanent.

VII. Timeline
Title IX and Sexual Misconduct complaints should be resolved within 120 days from the filing of the formal complaint. The parties are entitled to notice and regular status updates if the investigation and resolution process extends beyond 120 days.

VIII. Retaliation
Anyone who has made a report or complaint, provided information, assisted, participated, or refused to participate in any manner in the sexual misconduct process, shall not be subjected to retaliation. Anyone who believes that they have been subjected to retaliation should immediately contact the Title IX Coordinator or their designee at [email protected]. Any person found to have engaged in retaliation in violation of this Policy shall be subject to disciplinary action.

If you have questions about these rights, please contact the investigator assigned to your matter. You also may contact the Title IX Coordinator at [email protected].

Rights of the Parties: Employee Respondent Title IX/Sexual Misconduct Cases

Georgia State University (“GSU,” the “Institution,” or the “University”) is conducting an administrative, not a criminal or civil law, investigation into possible sexual misconduct or retaliation pursuant to the Board of Regents of the University System of Georgia’s Sexual Misconduct Policy. The University is neither advocating for nor representing any party (known individually as “Complainant(s)” and “Respondent(s)”) in this process and cannot provide legal advice to any party or witness. The following provides information regarding the process and the rights of the parties.

I. Interim Measures
Interim measures may be implemented at any point after the institution becomes aware of an allegation of sexual misconduct and should be designed to protect any student or other individual in the GSU community. Such measures are designed to restore or preserve equal access to the education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or deter sexual misconduct and retaliation. Interim measures must be provided consistent with the provisions in applicable Board and institutional policies and procedures. Interim measures may include, but are not limited to, issuance of a mutual “no contact” directive, administrative leave, restrictions or bars to entering certain university property, and other measures.

Interim Suspension
An interim suspension only occurs when necessary to maintain safety and is limited to situations when the Respondent poses a serious and immediate danger or threat to persons or property. In making such an assessment, the institution should consider the existence of a significant risk to the health or safety of the Complainant or the campus community; the nature, duration, and severity of the risk; the probability of potential injury; and whether less restrictive means can be used to significantly mitigate the risk. Before an interim suspension is issued, the institution must make reasonable efforts to give the Respondent the opportunity to be heard on whether their presence on campus poses an immediate danger or threat. If an interim suspension is issued, the terms of the interim suspension take effect immediately. The Respondent shall receive notice of the interim suspension and the opportunity to respond to the interim suspension. Within three business days of receiving the challenge the institution will determine whether the interim suspension should continue.

II. Access to Advisors
Both the Complainant and the Respondent, as parties to the matter, shall have the opportunity to use an Advisor (who may or may not be an attorney) of the party’s choosing at the party’s own expense. The Advisor may accompany the party to all meetings and may provide advice and counsel to their respective party throughout the sexual misconduct process but may not actively participate in the process except to conduct cross-examination at hearings (Title IX matters only). All communication during the sexual misconduct process will be between the institution and the party and not the Advisor. With the party’s permission, the Advisor may be copied on all communications.

For Title IX Complaints
Title IX Sexual Harassment/Misconduct is defined as:
1. An employee conditioning the provision of an aid, benefit, or service of the institution on an individual’s participation in unwelcome sexual conduct
2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity; or
3. “Sexual assault” as defined by the Clery Act (or non-consensual sexual contact and/or penetration as defined in the ) and “dating violence,” “domestic violence,” and “stalking” as defined by the VAWA Amendments and the Sexual Misconduct Policy.
In cases involving the foregoing three offenses, the parties are entitled to a hearing, and the parties’ advisors shall conduct cross-examination at the hearing as outlined in Employee Title IX Sexual Misconduct Cases – Procedures for Panel Hearing, Disciplinary Action, and Appeal. If a party chooses not to use an advisor during the investigation, the institution will provide an advisor for the purpose of conducting cross-examination on behalf of the relevant party. The institution will copy the party’s Advisor prior to the finalization of the investigation report when the institution provides the parties the right to inspect and review directly related information gathered during the investigation.

III. Informal Resolution
If the Respondent admits responsibility, the process may be informally resolved, if appropriate. This requires the agreement of both parties and the University. Please contact the investigator assigned to your matter or the Title IX Coordinator at [email protected] with questions about the availability of informal resolution. Title IX allegations made by a student against an employee are not eligible for informal resolution.

IV. Investigation
Throughout any investigation and resolution proceeding, a party shall receive written notice of the alleged sexual misconduct, shall be provided an opportunity to respond, and shall be allowed the right to remain silent or otherwise not participate in or during the investigation and resolution process without an adverse inference resulting.

If a party chooses to remain silent or otherwise not participate in the investigation or resolution process, the investigation and resolution process may still proceed, and policy violations may still result. A party’s choice to remain silent or otherwise not participate will be considered a general denial.
Until a final determination of responsibility, the Respondent is presumed to have not violated the Sexual Misconduct Policy. Prior to the finalization of the investigation report, timely and equal access to information directly related to the allegations that has been gathered during the investigation and may be used at the hearing will be provided to the Complaint, the Respondent, and a party’s Advisor (where applicable).

Formal civil rules of evidence do not apply to the investigation process. The standard of review throughout the sexual misconduct process is a preponderance of the evidence.
1. The parties shall be provided with written notice of the: report/allegations with sufficient details, pending investigation, possible charges, possible sanctions, available support services and interim measures, and other rights under applicable institutional policies. For the purposes of this provision, sufficient details include:

• the identities of the parties involved, if known;
• the conduct allegedly constituting sexual misconduct; and
• the date and location of the alleged incident, if known.
This information will be supplemented as dictated by evidence collected during the investigation. The notice should also include the identity of any investigator(s) involved. Notice should be provided via institution email to the party’s institution email.
2. Upon receipt of the written notice, the parties shall have at least three business days to respond in writing. In that response, the Respondent shall have the right to admit or deny the allegations, and to set forth a defense with facts, witnesses, and supporting materials. A Complainant shall have the right to respond to and supplement the notice. Throughout the sexual misconduct process the Complainant and the Respondent shall have the right to present witnesses and other inculpatory and exculpatory evidence.
3. If the Respondent admits responsibility, the process may proceed to the sanctioning phase or may be informally resolved, if appropriate.
4. An investigator shall conduct a thorough investigation and should retain written notes and/or obtain written or recorded statements from each interview. The investigator shall also keep a record of any party’s proffered witnesses not interviewed, along with a brief written explanation of why the witnesses were not interviewed.
5. An investigator shall not access, consider, disclose, or otherwise use a party’s records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional made in connection with the party’s treatment unless the party has provided voluntary written consent. This also applies to information protected by recognized legal privilege.
6. The initial investigation report shall be provided to the Complainant, the Respondent, and a party’s advisor (if applicable). This report should fairly summarize the relevant evidence gathered during the investigation and clearly indicate any resulting charges or alternatively, a determination of no charges. For purposes of this Policy, a charge is not a finding of responsibility.
7. The Complainant and the Respondent shall have at least 10 calendar days to review and respond in writing to the initial investigation report and directly related information gathered during the investigation. The investigator will review the Complainant’s and the Respondent’s written responses, if any, to determine whether further investigation or changes to the investigation report are necessary.
8. The final investigation report should be provided to the Complainant, the Respondent, and a party’s Advisor, if applicable, at least 10 calendar days prior to the Hearing. The final investigation report should also be provided to all Hearing Panel members for consideration during the adjudication process.

9. Matters involving alleged Title IX Sexual Misconduct must be heard at a live hearing, as set forth in Employee Title IX Sexual Misconduct Cases – Procedures for Panel Hearing, Disciplinary Action, and Appeal.

V. Presumption of Non-Responsibility
The Respondent is not considered to have violated any applicable policy or policies unless and until the allegations are investigated and a finder of fact determines that a violation has occurred.

VI. Potential Sanctions
As outlined in the Process and Procedures Section of the HRAP Policy on Prohibit Discrimination & Harassment, those who are found to have engaged in behavior that violates the Board of Regents of the University System of Georgia Sexual Misconduct Policy shall be subject to disciplinary action, including suspension or dismissal, as appropriate.

VII. Timeline
Title IX and Sexual Misconduct complaints should be resolved within 120 days from the filing of the formal complaint. The parties are entitled to notice and regular status updates if the investigation and resolution process extends beyond 120 days.

VIII. Retaliation
Anyone who has made a report or complaint, provided information, assisted, participated, or refused to participate in any manner in the sexual misconduct process, shall not be subjected to retaliation. Anyone who believes that they have been subjected to retaliation should immediately contact the Title IX Coordinator or their designee at [email protected]. Any person found to have engaged in retaliation in violation of this Policy shall be subject to disciplinary action.

If you have questions about these rights, please contact the investigator assigned to your matter. You also may contact the Title IX Coordinator at [email protected].

Victim/Complaintant Resources & Support

 General and Community Resources

LiveSafe App - Connect with GSU PD

Download the LiveSafe app to your phone to connect with and remain in contact with the Georgia State University Police Department, including sharing your location and requesting safety escorts. LiveSafe is available in the Apple and Android app stores, and you can find more information at https://safety.gsu.edu/livesafe/. You also may contact GSU PD directly at 404-413-3333 or 911.

Community Resources Directory

Please click here to access the Community Resources Directory for Victim Assistance Programs, a comprehensive statewide list of victim assistance programs concerning family violence, child advocacy, and sexual assault maintained by the Criminal Justice Coordinating Council (https://cjcc.georgia.gov/).

Temporary Protective or Restraining Orders

Information about obtaining a temporary protective order in Fulton County can be found at https://www.fultoncourt.org/family/domestic-violence-resources. The phone number for the One Stop office of the Family Division is 404-613-4579; they handle protective orders, and you should feel free to call them with any questions.

If you require assistance reporting an incident of sexual misconduct to law enforcement, please contact Lt. Ebonique Heywood of GSU PD at [email protected].

Student Resources

Academic, Coursework, Housing, or Workplace Accommodations

Please contact the Title IX Coordinator at [email protected].

Counseling, Mental Health, and Victim Advocacy Resources

Georgia State University Counseling Center

The Counseling Center's office hours are Mon-Fri, 8:30 AM-5:15 PM, but GSUCC can be reached at any time (24 hours, seven days a week) at 404-413-1640. GSUCC is committed to promoting inclusion, with services designed to provide respectful treatment to students of every background.

All enrolled students have access to both Georgia State Counseling Center services and the services offered by the University System of Georgia. Students on all campuses can make an appointment with the Counseling Center by calling 404-413-1640. In-person drop-in same-day consultations are available on the Downtown Campus at 75 Piedmont Avenue NE, Suite 200 A. In- person and virtual ongoing appointments are available on the following campuses: Downtown, Clarkston, Decatur, Alpharetta and Dunwoody.

Student Victim Assistance

Students who have been impacted by sexual misconduct are urged to contact Student Victim Assistance, reachable at 404-413-1965, 24 hours a day, seven days a week, including when the University is closed. Student Victim Assistance offers a wide variety of services to ensure that student victims of misconduct receive support, resources and information to assist in managing the aftermath of their experience so that they may thrive academically and personally. Services offered include:

• Confidential disclosure for victims of sexual misconduct
• Exploration of options
• Direct crisis intervention
• Personalized safety planning
• Referrals to on- and off-campus resources, including counseling
• Letters of support to instructors
• Ongoing follow-up and support as needed

Financial Aid

The Student Financial Management Center is using Virtual Advising Appointments to assist students with questions regarding financial aid and student accounts. You may book an appointment online at https://undergradapply.gsu.edu/portal/financial_aid or call 404-413- 2600.

Visa and Immigration Assistance

Please contact International Student Services for assistance with F-1 or J-1 visa status. F-1 and J- 1 students wishing to speak with an ISSS advisor at the Atlanta or Clarkston Campus over the phone or in-person must access the QLESS system via the links at https://isss.gsu.edu/current- students/.

Employee Resources

Employees needing workplace accommodations as a result of sexual misconduct should contact the Title IX Coordinator at [email protected].

Employees who have been impacted by sexual misconduct are urged to contact Faculty & Staff Assistance, an internal Employee Assistance Program (EAP) providing services that include confidential consultations, short-term counseling, assessment and referrals. These services are part of the benefits offered to Georgia State faculty, staff, retirees and eligible dependents. Emergency assistance is available for crisis situations 24 hours a day, seven days a week at 404- 413-3342; FASA also can be reached at 404-413-3342 or [email protected].

Employees also are urged to contact the University System of Georgia's confidential no- cost Employee Assistance Program, available at 1-844-243-4440 24 hours a day, seven days a week. (Company Code USGcares).

Title IX/Sexual Misconduct Policy

Advisor Guidance/FAQs

Thank you for agreeing to serve as an advisor in a Title IX or Sexual Misconduct matter. This role is an important part of the university’s Title IX/Sexual Misconduct process. We hope that these FAQs help you support your advisee in an effective, respectful manner.

THANK YOU FOR YOUR TIME; YOUR ASSISTANCE IS APPRECIATED. 

Required USG Sexual Misconduct Training

USG Title IX Coordinator Training Fall 2020

USG Returning Title IX Investigator Training Fall 2020

USG Hearing Officer Training Employee Sexual Misconduct Fall 2020

USG Hearing Officer Training Student Sexual Misconduct Fall 2020

USG Appellate Decision Makers Refresher Training Fall 2020

USG Title IX Advisor Training Fall 2020

USG New Title IX Investigator Training Fall 2021

• Case Study-Nonconsensual Sexual Penetration
• Analysis Worksheet- Nonconsensual Sexual Penetration
• Case Study Dating- Domestic Violence
• Analysis Worksheet- Dating-Domestic Violence

USG Title IX Hearing Officer Training Spring 2022

GSU Title IX Hearing Panel Training Fall 2022

GSU Title IX Advisor Guidance Fall 2022

Pregnant Students | Title IX 

Student Guidance Document

Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex—including pregnancy and parental status—in educational programs and activities. Georgia State University must comply with Title IX.

Process for Seeking Adjustments Due to Pregnancy and Childbirth:

A student seeking an adjustment due to pregnancy or childbirth must register with the Access and Accommodations Center (AACE), which will issue a letter outlining the specific adjustments they are entitled to pursuant to Title IX. Students should register with AACE for pregnancy and childbirth adjustments as soon as they become aware that they are or will be necessary. Adjustments are not retroactive. The instructors must grant the adjustments required by Title IX as described in this document and your letter.

Pregnant Student Rights:

• You must be allowed to continue participating in class or extracurricular activities without requiring a doctor’s note.
• You must be provided with excused absences due to pregnancy or childbirth for as long as the absences are medically necessary. The instructor may not ask you for a health care provider’s note for such absences, but you are responsible for making instructors aware of such absences as soon as you are able to do so.
• If an instructor’s grading is based in part on class participation or attendance, you must be provided with the opportunity to make up participation or attendance credits you did not have the opportunity to earn due to absences related to pregnancy or childbirth.
• You must be provided with the opportunity to make up work missed due to pregnancy or childbirth and may choose to do so by the end of the semester or by taking an “incomplete” per the university’s policy on incompletes. Instructors may not refuse to allow you to submit work after a deadline you missed because of pregnancy or childbirth.
• You must be provided with reasonable adjustments such as frequent bathroom breaks, a larger desk, or temporary elevator access.
• You must be provided with the same services the instructor makes available to students with other temporary medical conditions, if any (for example, if the instructor provides services such as homebound instruction, at-home tutoring or independent study options to students with temporary medical conditions such as mononucleosis or recovery from surgery, pregnant students and students who have given birth must be provided with those same services).
• You must be allowed to return to the same academic and extracurricular status you were in before an absence due to pregnancy or childbirth.
• Instructors may not pressure you to withdraw from a course or program, or to change educational plans due to pregnancy or childbirth.
• Instructors should not permit harassment based on pregnancy or parental status (such as sexual comments, name-calling, jokes, etc., about the student’s pregnancy).
• Please note that you are still responsible for the completion of all required coursework, and the excused absence adjustment is meant to be used only when your health care provider says that absence is medically necessary.

Pregnant Students | Title IX

Employee Guidance Document

Georgia State University and its employees are required to comply with Title IX of the Education Amendments of 1972 (“Title IX”), a federal civil rights law that prohibits discrimination on the basis of sex (including pregnancy, childbirth and parental status) in educational programs and activities that receive federal funding.

Process for Seeking Adjustments Due to Pregnancy and Childbirth:

A student seeking adjustments due to pregnancy or childbirth should register with the Access and Accommodations Center (AACE), which will issue the student a Title IX pregnancy adjustment letter to provide to instructors. Instructors must grant the adjustments required by Title IX as described in that letter. Unlike disability accommodations, which remain in place for the duration of a student’s tenure at Georgia State, pregnancy adjustments generally are limited to the current semester. Students are encouraged to register with AACE as soon as they become aware of the need for such adjustments. Adjustments are not retroactive.

Employee Responsibilities:

• • You must allow a pregnant student to continue participating in class or extracurricular activities without requiring a note from a healthcare provider.
  • You must excuse absences due to pregnancy or childbirth as long as the student advises you that they are medically necessary, and you must provide the student with the opportunity to make up missed work by the end of the semester or by taking an “incomplete” per the university’s policy on incompletes. You may not ask for a healthcare provider’s note for such The student is responsible for making you aware of such absences as soon as they are able to do so.
  • If your grading is based in part on class participation or attendance, you must provide the student with an opportunity to make up participation or attendance credits that the student missed due to pregnancy- or childbirth-related absences.
  • You must provide pregnant students with reasonable adjustments such as frequent bathroom breaks, a larger desk or temporary elevator access.
  • You must provide pregnant students with the same assistance you offer to students with other temporary medical conditions, if any (for example, if you provide remote instruction, at-home tutoring or independent study options to students with temporary medical conditions such as mononucleosis or broken limbs, you must provide pregnant students with that same assistance).
  • You must refrain from encouraging the student to withdraw from a course or program or change educational plans due to pregnancy or childbirth.
  • You must protect pregnant students from harassment based on pregnancy or parental status (for example, not knowingly permit sexual comments, name-calling, jokes and the like about the student’s pregnancy).
  • Pregnant and parenting students must be allowed to return to the same academic and extracurricular status they were in prior to an absence due to pregnancy or childbirth.
  • The foregoing are non-discretionary.

FAQs

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Last updated May 2024